Hasto Kubu Highlights KPK Wiretapping Without Council Permit

Hasto Kristiyanto/DOK ANTARA PHOTO/Indrianto Eko Suwarso/foc.

JAKARTA - Criminal law expert from Gadjah Mada University (UGM) Muhammad Fatahillah Akbar considered the wiretapping results to be invalid as evidence if investigators from the Corruption Eradication Commission (KPK) obtained without the permission of the Supervisory Board (Dewas).

This was conveyed by Fatahillah when presented by the public prosecutor (JPU) of the Corruption Eradication Commission (KPK) to become an expert in the trial of the alleged bribery case of interim replacement (PAW) members of the DPR and the obstruction to the investigation of the Harun Masiku case that ensnared PDIP Secretary General Hasto Kristiyanto.

According to him, the illegal wiretapping results apply if obtained within a period of 2021 or precisely after the Supreme Court (MA) cancels Law number 19 of 2019 which regulates that wiretapping should be changed to the permission of the Council.

"It means that after the Supreme Court's decision, in the future, there is no need for wiretapping the KPK with the permission of the Council, right?" asked Hasto Kristiyanto's attorney, Febri Diansyah during a trial at the Jakarta Corruption Court, Thursday, June 5.

"But it needs to be informed," replied Fatahillah.

Fatah then said that if the wiretapping results were obtained before the Constitutional Court canceled the law, investigators would have to have a permit.

"Yes, you should have permission," said Fatahillah explaining. "If there is no valid Council permit, there is no evidence of wiretapping?" Febri asked.

"Maybe in this context, if you don't use the permit, it's not legal," replied Fatahillah.

KPK investigators continued Fatah, must comply with the rules governing the wiretapping process. This is necessary so that the evidence obtained can be used legally.

"Earlier, the KPK was said to have the authority to conduct wiretapping at the stage of investigation, prosecution, and so on. If the investigation is carried out since December 20, 2019. Meanwhile, the 19th law was promulgated on October 17, 2019, meaning that previously. Must it not be subject to the wiretapping process which began in the December 20 investigation with this law, the KPK law?" Febri said.

"Yes, if he starts after the KPK law, then obey," said Fatahillah.

In the trial, Fatahillah conveyed that the acquisition of evidence must be seen by legal or legal reasons or reasons or grounds that are valid and acceptable.

If there is no justification of evidence, then, it cannot be used in the deliberation process.

"If not, it means that the evidence cannot be used or there are things that cannot be used in the trial. But if there is a justification, he can continue in the trial process," said Fatahillah.

However, regarding the validity of all evidence to the panel of judges to determine it.

"That's why in this context, in practice Indonesia the concept of Exclusionary Rules has not been used for sure, yes, so it is submitted to the panel of judges to assess the power of evidence and the validity of evidence in every piece of evidence," said Fatahillah.

"If there really is no justification according to my opinion earlier, it cannot be used," he added.. In the alleged bribery case, Hasto was charged together with advocate Donny Tri Istiqomah; former convict of the Harun Masiku case, Saeful Bahri; and Harun Masiku gave money amounting to 57,350 Singapore dollars or equivalent to Rp600 million to Wahyu in the 2019-2020 period.

The money is allegedly given with the aim that Wahyu seeks the KPU to approve an interim replacement request (PAW) for the Elected Legislative Candidate for the Electoral Region (Dapil) of South Sumatra (Sumsel) I on behalf of DPR Members for the 2019-2024 period Riezky Aprilia to Harun Masiku.

In addition, Hasto was also charged with obstructing the investigation by ordering Harun, through the Aspiration House guard, Nur Hasan, to submerge Harun's cell phone into the water after the Corruption Eradication Commission (KPK) arrested members of the General Election Commission (KPU) for the 2017-2022 period Wahyu Setiawan.

Not only Harun Masiku's cellphone, Hasto is also said to have ordered his aide, Kusnadi, to drown his cell phone in anticipation of forced attempts by KPK investigators.

Hasto is threatened with a crime as regulated in Article 21 and Article 5 Paragraph (1) letter a or Article 13 of Law (UU) Number 31 of 1999 concerning Eradication of Criminal Acts of Corruption as amended and supplemented by Law Number 20 of 2001 in conjunction with Article 65 Paragraph (1) and Article 55 Paragraph (1) 1 jo. Article 64 Paragraph (1) of the Criminal Code.